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The Office of General Counsel issued the following opinion on March 12, 2004, representing the position of the New York State Insurance Department.

Re: Insurance Agency Letterhead and Envelope Requirements

Question Presented:

Does the New York Insurance Law or the regulations promulgated thereunder require insurance agencies to have specific information printed on their letterhead or envelopes?

Conclusion:

No. The New York Insurance Law and the regulations promulgated thereunder do not require insurance agencies to have specific information printed on their letterhead or envelopes. However, any information that appears on such letterhead or envelopes must comply with the Insurance Law.

Facts:

No specific fact pattern was presented.

Analysis:

The New York Insurance Law and the regulations promulgated thereunder does not require insurance agencies to have specific information printed on their letterhead or envelopes. However, any information that appears on such letterhead or envelopes must comply with the Insurance Law. For example, N.Y. Ins. Law § 2102(b)(2) (McKinney 2000) provides as follows:

(b)(2) No person, firm, association or corporation shall use any other designation or title which is likely to mislead the public or shall hold himself or itself out in any manner as having particular insurance qualifications other than those for which he may be otherwise licensed or otherwise qualified.

Additionally, N.Y. Ins. Law § 2122(a)(2) (McKinney 2000) prohibits any person from calling attention to an unauthorized insurer by advertisement or public announcement in this state.

For further information you may contact Senior Attorney Pascale Joasil at the New York City Office.

 

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